The doctrine of collateral estoppel precludes a party from relitigating in a subsequent action an issue that was clearly raised in a prior action and decided against that party or those in privity with it. In order to give the prior determination conclusive effect, two conditions must be met: first, there must be an identity of the issue which was necessarily decided in the prior action and is decisive of the present action, and, second, the party to be precluded from relitigating the issue must have had a full and fair opportunity to contest the prior determination. The party attempting to defeat the application of collateral estoppel has the burden to establish that it did not have a full and fair opportunity to litigate the issue.
Giamundo v. Dunn, NY Slip Op 04422 (2d Dep't August 20, 2023)
